On Monday, June 24, during a pre-trial discovery conference in the long-running civil case between FKA twigs and her former boyfriend Shia LaBeouf, lawyers for twigs argued that LaBeouf’s team is “improperly seeking Plaintiff’s [FKA twigs’] private financial and medical information that has no bearing on the issues in this case.”
Per documents obtained Pitchfork, the requests include the singer and actor’s total revenue for her January 2022 mixtape, Caprisongs, her advertisements for Calvin Klein, and her work in The Crow.
“First, there is a significant invasion into Plaintiff’s privacy in asking for all of her financial information from 2017 through the present,” FKA twigs’ lawyers contend. “Defendant [Shia LaBeouf] contends it seeks the information based on a far-fetched theory that Plaintiff’s level of income is correlated to her emotional distress. Specifically, Defendant argues that if Plaintiff is working and making income, then she does not suffer from emotional distress. This is simply not true. A person’s ability to make money, particularly how much money, is not correlated to a person’s emotional distress damages. If Defendant would like to know whether Plaintiff is or is not working, and the extent of work, then Plaintiff can provide this information without revealing her finances. However, Defendant’s assertion that Plaintiff has somehow waived her financial privacy rights by seeking emotional distress damages is not supported by any case law.”
Regarding the requests for FKA twigs’ medical records, the British artist’s lawyers write: “Defendant seeks the entirety of Plaintiff’s medical history, going well beyond the injuries that are actually at issue. Plaintiff has already agreed to provide documents that relate to any damages or injuries that she is alleging occurred because of Defendant, therefore it is unclear how the remainder of documents are relevant, and not privileged.”
“As such, there has been no reason or argument presented as to why Plaintiff’s medical history, unrelated to her emotional distress or the condition transmitted to her by Defendant, is,” FKA twigs’ lawyers conclude. “Furthermore, the requests are overbroad and burdensome. As such, Defendant is not entitled to this highly private information.”
In a statement shared with Pitchfork, one of FKA twigs’ attorneys, Bryan J. Freedman, said: “While my client was led to believe that LaBeouf was on a path of taking responsibility and working a program, it is clear he intends his pattern of continuing to abuse the victim. Any suggestion that FKA Twigs’ emotional distress should be discounted because of any career success is preposterous and discounts the idea that victims should have hope for the future. Logically, without the trauma that she has suffered I can only imagine the level of success she would have achieved by now.”
In their filings, Shia LaBeouf’s lawyers say that FKA twigs and her team have not provided sufficient evidence to support their request for $10 million in damages, “including lost wages, lost professional opportunities and emotional distress.” They also say that “she appears to have increased her profile in the years after her relationship with Shia and her career appears to be thriving,” citing the success and critical acclaim of “Cellophane,” Magdalene, her recent tours, and more.
“Plaintiff has necessarily put her own financial condition at issue by alleging that Shia’s conduct diminished her earning capacity,” LaBeouf’s lawyers write. “Even more, Plaintiff has alleged severe emotional distress, but she has been thriving emotionally and physically as she has been working on numerous projects and making millions.”
LaBeouf’s lawyers also argue: “Plaintiff wants $10 million in damages for alleged lack of work opportunities due to her severe emotional distress. This would be a financially ruinous amount to Shia, and Plaintiff cannot hide behind privacy concerns when she injected her finances in this case. Any privacy interest is outweighed by the direct relevance of the information to Plaintiff’s claims that she is so severely affected by Shia’s alleged conduct that she is unable to work and perform as before.”
Pitchfork has emailed LaBeouf’s lawyers and representatives for comment.
FKA twigs sued Shia LaBeouf in 2020, alleging that the actor subjected her to “relentless abuse,” sexual battery, assault, and emotional distress. She also spoke with Gayle King about the alleged abuse she experienced during her relationship with the actor. LaBeouf has said that “many of these allegations are not true.”
Another informal discovery conference is set to take place today. The trial is scheduled to begin on Monday, October 14, 2024.
Source : Pitchfork
